Agreement to Advertise with Web Tactics
This agreement is based on the following provisions:
1. HOST PROVIDER RESPONSIBILITIES. Host Provider agrees to the following:
a. The Host Provider shall use reasonable efforts to maintain www.searchberks.com and display the Customer coupons or promotions 24 hours per day each day during the term of the Agreement. Host Provider warrants to Customer that it will make a reasonable effort to perform its services under this Agreement in a competent manner. Host Provider does not warrant that it will be able to correct all reported defects or that www.searchberks.com will be uninterrupted or error-free. Host Provider makes no warranty regarding features or service provided by third parties;
b. Host Provider will allow Customer up to 3 days to review any promotions or coupons prior to posting online. Host Provider will assume that content is accurate unless otherwise notified of exact changes, in writing, by Customer within 3 days of receipt;
c. Host Provider will remove any expired coupons and promotions from www.searchberks.com website. Due to the nature of social media, and viral marketing of coupons and promotions, Host provider cannot remove the coupon or promotion from circulation after the expiration date.
2. CUSTOMER RESPONSIBILTIES. Customer agrees to the following:
a. Customer agrees to pay Host Provider a fee of $25 which does not include any applicable state and local taxes. This fee is to cover the cost of promotional material distributed by the Customer and not for any service fees. Inclusion on www.SearchBerks.com is a free service offered by the Host Provider for the year ending December 31, 2016. Inclusion on www.SearchBerks.com after December 31, 2016 will incur quarterly fees;
b. Customer agrees to provide all materials and content needed for upcoming promotions or coupons by date requested by using the online submission form located at www.SearchBerks.com . Failure to submit any or all materials or content requested on time will result in delays by no fault of the Host Provider;
c. It is the sole responsibility of the Customer to review any and all coupons and promotions, hyper links, descriptions and any other information pertaining to the Customer for accuracy and notify Host Provider in writing of any needed changes. Host Provider assumes no responsibility for errors, omissions or incomplete content;
d. Customer is responsible to visibly post any corrections, changes or additions to coupons or promotions;
e. Customer agrees to honor coupons and promotions in both digital and print format;
f. Customer agrees to promote two coupons per quarter until December 31, 2016;
g. Customer agrees to distribute Search Berks promotional material until December 31, 2016.
a. Host Provider can terminate www.searchberks.com or any or all of its social media sites or services at any time at Host Provider’s discretion.
b. Host Provider may, in its sole judgment, reserves the right to reject or terminate the display of a coupon or promotion if it fails to conform to applicable laws and regulations, the public interest or that Host Provider deems unsuitable for any reason.
a. Customer is responsible for verifying any coupons or promotions as legitimate. Host Provider is not responsible for Customer accepting coupons that may have been changed or altered by the consumer in any way.
b. Host Provider is not responsible for any financial loss incurred from running coupons or promotions on www.searchberks.com or any of its social media sites.
c. Customer agrees that Host Provider is not liable for any errors or omissions on www.searchberks.com or any of its social media sites. IN NO EVENT SHALL HOST PROVIDER BE LIABLE, WHETHER IN CONTRACT, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, BUSINESS INTERRUPTION OR ATTORNEYS’ FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
Invalidity or unenforceability of one or more provisions of this agreement shall not affect any other provision of this agreement.
This agreement is subject to the laws and regulations of the state of Pennsylvania.